Williams v. Stefka, 2012 Ohio 353

Ambulance operated by City, carrying Williams as patient, collided with Stefka’s vehicle at Union Ave and East 75th St in Cleveland; view obstruction from a car lot allegedly impeded drivers’ sight; ambulance driver Burks allegedly slowed but speed varied; police reported a red light; Williams alleged City’s negligence and Stefka’s negligence; City sought summary judgment on governmental immunity under R.C. 2744.02; trial court granted summary judgment and later a jury found for Stefka, prompting Williams’s appeal; issue centers on whether immunity applies and whether there were genuine factual disputes about compliance with R.C. 4511.03.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the City is immune under R.C. 2744.02(B)(1)(c).	Williams contends issues of willful/wanton conduct or noncompliance with 4511.03 defeat immunity.	City argues three-part test: emergency vehicle operation, non-willful conduct, and compliance with 4511.03; immunity applies.	Genuine issue of material fact exists regarding 4511.03 compliance; immunity not resolveable at summary judgment.
Whether evidence on Burks’s compliance with R.C. 4511.03 should have been excluded or allowed at trial.	Stefka should not relitigate 4511.03 compliance after summary judgment.	Trial court properly allowed contest at trial due to genuine issue of fact.	Remanded for further proceedings; issues not moot.

Harris v. Kennedy, 116 Ohio App.3d 687 (8th Dist. 1996) (daily review of 4511.03 compliance for immunity)
Greene Cty. Agricultural Soc. v. Liming, 89 Ohio St.3d 551 (2000) (three-tier immunity analysis under 2744.02)